Can Employers Give a Bad Reference for a Former Employee? Some states protect employers that act in good faith By Lisa Nagele-Piazza, SHRM-SCP, J.D. Feb 28, 2018 The employment relationship doesn’t always end on a positive note. So what should employers say during a reference check? Can they say that someone was fired, frequently late or a poor performer? Employers can usually be truthful during a reference check, but they should be aware of their rights and responsibilities under state law. There are no federal laws that address what an employer can or can’t say about a worker. Many states, however, have enacted legislation that gives employers a qualified immunity when providing information for a reference check. These statutes generally provide that an employer is immune from civil liability when it responds to a reference check in good faith, explained Molly Lee Kaban, an attorney with Hanson Bridgett in San Francisco. The immunity is lost, however, if it can be shown that the employer knowingly or recklessly provided false or misleading information or acted with malicious intent. None of these statutes provides the employer with complete immunity, said Sage Knauft, an attorney with Walsworth in Orange, Calif. The employer still could face a defamation (libel or slander) lawsuit from the employee or a negligent referral lawsuit from the prospective employer if care was not taken in limiting the type of information provided and making sure that the information was given to the correct person. States that do not have an immunity statute, including New York and Massachusetts, make it more difficult for the employer to provide reference information to prospective employers, he added. [SHRM members-only toolkit: Conducting Background Investigations and Reference Checks] Employers may need to be forthcoming if the reasons for separation include conduct that jeopardized the safety of a minor or vulnerable adult, noted Joan Rennekamp, a human resource consultant with Lewis Roca Rothgerber Christie in Colorado Springs, Colo. Thus, employers should be familiar with the specific laws for the states in which they operate. Immunity Employers should keep in mind that the requirements for the immunity defense to a lawsuit also differ from state to...

What are you worth? by Marcellas Flenory Sr., MBA Have you ever asked yourself or someone else asked you, what are you worth? Many employers ask, “What is your MINIMUM Salary Requirement?” This is the question you must ask yourself, “what am I worth?” NOTE: Employers pay based on position value to the company, not based on employee value. They may use a salary or pay range, if they have a compensation plan in place, to determine what they would offer you based on your Knowledge, Skills, Abilities, and Years of Experience (doing the job) above the minimum salary or pay rate within the range. So, what are you worth? How do you determine the price (cost plus markup) of your time. I learned that the one thing you cannot buy back is time. I have added to that by saying, “Money may be able to buy you many things in life but it cannot buy you back time. So stop wasting it and invest it wisely.” ~ Marcellas Flenory Sr., MBA JK Flenory & Company LLC’s formula for determining your worth or value: 1. Determine your cost such as Monthly Bills, Taxes, and what is left as Disposable Income (clothes, travel, vacation, restaurants, college education, savings, etc). You never want to take a job and not able to meet your basic needs, unless you plan to get more than one job. You do not want to be worried about paying your bills and taxes, while you should be focusing on doing a great job. So, this is your foundation. The deeper you go, the higher the building you may build. NOTE: I will discuss that in a different blog. 2. What is your markup? Many people do not think there time is valuable because they have never determined the price or cost (sacrifice) for being the best them. When you devalue your time, allowing you and people to waste your time, you have discounted your time. J Paul Getty (Billionaire) said, “The #1 guideline to success is you must be in business for yourself. When you work for someone else, you sell your time at wholesale to your employer, who then re-sells it...

Posted by Marcellas Flenory, Sr. on Nov 27, 2017 in Updates | Comments Off on Do you know when your Final Pay Check must be paid by an Employer in Texas? If not, read this article.

Texas Workforce Commission http://www.twc.state.tx.us/news/efte/final_pay.htmlhttp://www.twc.state.tx.us/news/efte/final_pay.html Final Pay Finally, the Texas Payday Law regulates the timing of the final paycheck in section 61.014. If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge. Note: Calendar days and not business days If the employee quits, retires, resigns, or otherwise leaves employment voluntarily, the final pay is due on the next regularly-scheduled payday following the effective date of resignation. “Mutual agreement” separations are generally regarded as involuntary, although that result is not inevitable and ultimately depends upon a close look at all the events and circumstances leading to the work separation. Whether a work separation is voluntary or involuntary is determined according to existing rules for deciding the nature of the work separation in unemployment compensation cases. Basically, if the employee initiates the work separation and leaves while continued work is still available, the work separation is voluntary. If the employer initiates the work separation, i.e., the employee has no choice but to leave at a certain time, the work separation will be considered involuntary. Since the “final pay” includes regular wages, fringe benefits payable under a written policy, and any other component of the pay, it is important to know what part of the pay must be paid at what time. Regular wages are due no later than the regularly-scheduled payday for an employee who resigned, and by the sixth calendar day for an employee who was laid off or discharged. The deadline for payouts of fringe benefits and other components of the pay, such as commissions and bonuses, is the same, unless a different payout schedule is provided in the wage agreement or policy relating to that particular component of the pay. In that case, the payment schedule outlined in the agreement or policy will determine the deadline for payment. It is not legal to hold a final paycheck past the deadline for reasons such as failure to return company property, failure to sign timesheets, or similar problems. If the company knows or should know what the pay should be, it must deliver the...